CHEAH (Migration)

The Administrative Appeals Tribunal considered the case of Mr Cheah, who sought review of the decision to cancel his Student (Temporary) (Class TU) visa, subclass 572. The cancellation was based on the ground that Mr Cheah was not enrolled in a registered course, thereby breaching condition 8202 of the Migration Regulations 1994.

The Tribunal was required to determine whether Mr Cheah had breached condition 8202 of his visa, which mandates enrolment in a registered course, and if so, whether the discretion to cancel his visa should be exercised. The evidence indicated that Mr Cheah's visa was cancelled because his enrolment record in the Provider Registration and International Student Management System (PRISMS) showed a period of non-enrolment in a registered course between March and October 2016. Mr Cheah provided no documentary evidence to support any registered course enrolment during this period.

The Tribunal found that Mr Cheah had not complied with condition 8202(2) as he was not enrolled in a registered course for a significant period. In considering the discretion to cancel the visa, the Tribunal acknowledged Mr Cheah's partial completion of business studies and a General English course, but gave these factors limited weight due to his lack of genuine interest in the business course and no clear plan for its use. The Tribunal also found that Mr Cheah had not enrolled in any registered course since his English course cancellation and that his conduct was inconsistent with a genuine intention to study. The Tribunal afforded little weight to Mr Cheah's claim that his wife's presence in Australia on a Subclass 457 visa until 2020 necessitated his continued stay, noting that they could maintain contact and she might choose to return with him.

Ultimately, the Tribunal concluded that the weight of evidence favoured cancellation and affirmed the decision to cancel Mr Cheah's visa.